Interesting verdict: Invoking the administrative officials’ order on the case of an heir’s suing the deceased’s violation

Abstract

In this case, the plaintiff is the heir and estate manager of the deceased.  The deceased has received a verdict from the Surat-Thani Provincial Court to pay for compensation, for a violation. In this case, the violation was due to not performing duties according to the prescribed law, while in the position of an administration (Provincial Public Health Official).  He did not allocate budget for general subsidies, which should be used for low-income population’s medical care, and for those deemed subsidized by the society.  The estate manager paid the compensation in the amount of 840,208 THB, according to the judgement. According to the Comptroller General's Department, the deceased while holding an administrative position, admitted to the following:  1) allocating budget for general subsidies for low-income population’s medical care and for those deemed subsidized by the society, without calling for a Provincial People’s Welfare Committee meeting, in order to allocate funds for various service units according to the Bureau of the Budget’s objectives. Instead, allocated the said budget and put it in the Provincial Public Health Office, and used the budget for buying medicines and other pharmaceutical products, for various service units.  2) Budgets for Compensation of Materials, for district public health services, the deceased was authorized to purchase medications and other pharmaceutical and medical supplies, but did not inspect or examine the said procurement of medications and other pharmaceutical and medical supplies.  Moreover, the deceased authorized and approved the procurement without checking that the said procurement was according to the law or not, and whether it would cause any damage to the government or not.  3) The deceased was not authorized to perform duties as a supervisor, which would have responsibilities for overseeing the operations of subordinates, to perform duties in accordance with the laws and regulations of the government.  This circumstance is regarded as a careless act in not protecting the interests of the government, which is a gross negligence for causing damage.